Weyerhaeuser Software
End User License Agreement (EULA)
Last Updated: September 24, 2024
This EULA (this “EULA”) applies to your access to and use of the Weyerhaeuser software (collectively and together with any applicable Documentation, our “Services”) that Weyerhaeuser NR Company (“Weyerhaeuser”, “we”, “us” or “our”) may provide to you from time to time. BY CHECKING THE “I ACCEPT” CHECKBOX OR DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU AGREE TO THIS EULA. IF YOU DO NOT AGREE TO THIS EULA, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 14, DO NOT ACCESS OR USE OUR SERVICES. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ACT FOR AND TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.
If you have any questions about this EULA or our Services, please contact us by email at software@weyerhaeuser.com or by phone at 800.933.9491.
(i) “Documentation” means the accompanying electronic, written or online user manuals and documentation associated with the Services.
(ii) “Licensee” means (a) the party to the Software License Agreement that is not Weyerhaeuser NR Company, or (b) if there is no Software License Agreement governing your use of the Services, (i) either your employer or the company for which you are serving as an independent contractor, or (ii) your educational institution if accessing the Services for non-commercial training and educational purposes.
(iii) “Software License Agreement” means the Software License and Technology Services Agreement between Licensee and Weyerhaeuser (if any), or other legacy agreements related to the Software titled Letter of Intent, Software License Agreement, or Customer License Agreement.
(i) The Services are intended for access and use from within the United States, Alaska, Hawaii, Puerto Rico and other U.S. territories (the “United States”), and in Canada. If you choose to access the Services from outside the United States or Canada, you do so at your own risk and are responsible for compliance with all local laws, rules, and regulations that may apply.
(ii) Except as provided in Section 6(iii) below, by using the Services, you represent and warrant that you are trained and competent to use the Services and you acknowledge your responsibility for the accuracy of input and review of all output for reasonableness.
(i) a perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, aggregate (including with other customers’ data), publish, display and distribute any anonymous information or data derived from Services Data for any purpose; and
(ii) a perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, publish, display and distribute any information or data derived from Services Data in any manner on behalf of you, Licensee or Licensee’s designees and as may be necessary for Weyerhaeuser to provide you and Licensee with the Services or other services as may be requested by you or Licensee and agreed upon by Weyerhaeuser.
You may not create, upload, store or share any Services Data that violates this EULA or for which you do not have all the rights necessary to grant us the licenses described above. We have no obligation to screen, edit or monitor Services Data and we may delete or remove Services Data at any time and for any reason.
Weyerhaeuser may contact you regarding Services usage and related product offerings.
Additionally, we may collect personal information from you in connection with your use of the Services. Any personal information you provide is subject to the terms of our Privacy Policy. In addition, in order for us to provide our Services, you understand and agree that we may process, transfer and store personal information about you in and to the United States, where you may not have the same rights and protections as you do under local law. Please refer to our Privacy Policy at https://www.weyerhaeuser.com/privacy/privacy-policy/ for more information about how we collect, use and disclose personal information about you.
California residents: for details on what personal information we collect and for what purposes, please visit www.weyerhaeuser.com/privacy/CCPA.
(i) Weyerhaeuser may use such temporary and permanent hardware and/or software license management software, devices, or keys as it deems appropriate with regard to the Services under such procedures as Weyerhaeuser may issue from time to time. You will not circumvent or defeat any such means of license management.
(ii) You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
(iii) Access and use of the Services by or on behalf of an educational institution (e.g., teachers, professors, and students) is permitted, subject to this EULA and any Software License Agreement, provided that: (1) any such access or use is strictly for educational and training purposes; and (2) no output generated during the course of such access or use is (a) utilized for commercial or other purposes not directly related to training and education by such institution, or (b) sold, delivered, or otherwise distributed to third parties.
The license described in the preceding sentence is subject to this EULA, and does not include the right to: (i) sell, lease, license, or sub-license the Services or the documentation; (ii) decompile, disassemble, or reverse engineer the Services, in whole or in part; (iii) write or develop any derivative software or any other software program, based upon the Services or any confidential information; (iv) use, copy, exploit, or permit use of the Services except as expressly authorized in this EULA; or (v) if you are using the Services as part of a trial use arrangement or educational course, continue to use the Services for longer than the period expressly authorized by Weyerhaeuser.
This EULA grants a license only and transfers to you no ownership interest in the Services. Weyerhaeuser reserves all rights not expressly granted herein. Furthermore, except as expressly granted herein, nothing in this EULA shall be construed as conferring on you by implication or otherwise, any right, title or interest in, or any license under, any copyright, patent or trade secret now or subsequently owned by Weyerhaeuser.
Our Services may also contain third party software that is subject to open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software, subject to additional terms and conditions, available at https://eula.weyerhaeusersoftware.com/opensourcereferences. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. We make no representations or warranties of any kind regarding such third party software, and you agree that Weyerhaeuser is not responsible or liable in any manner for such third party software.
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND THE MEDIA ON WHICH OUR SERVICES MAY BE DELIVERED ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WEYERHAEUSER DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE WEYERHAEUSER ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.
USE OF THE SERVICES IS NOT IN LIEU OF CONSULTING OR RETAINING AN APPROVED DESIGN PROFESSIONAL AS MAY BE REQUIRED OR OTHERWISE INDICATED BY LOCAL LAW, BUILDING CODES OR BEST PRACTICES. WEYERHAEUSER RECOMMENDS THAT YOU VERIFY THE RESULTS OF THE SERVICES WITH A DESIGN PROFESSIONAL (NON-WEYERHAEUSER PERSONNEL) AND DISCLAIMS LIABILITY FOR ANY LOSS OR OTHER DAMAGE CAUSED BY YOUR FAILURE TO DO SO. YOU ACKNOWLEDGE THAT (A) MOST STATES/PROVINCES/JURISDICTIONS REGULATE THE PRACTICE OF ENGINEERING, AND (B) IT IS SOLELY YOUR RESPONSIBILITY TO IDENTIFY AND ABIDE BY ANY LEGAL LIMITATIONS THAT MAY APPLY TO THE USE OF THE SERVICES OR ANY OF ITS OUTPUT. USE OF THE SERVICES WILL IN NO WAY BE CONSTRUED AS REPLACEMENT OF ANY NEED FOR QUALIFIED PROFESSIONAL EXPERTISE IN THE DESIGN AND/OR REVIEW OF ANY PARTICULAR STRUCTURE OR STRUCTURAL COMPONENT THEREOF.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WEYERHAEUSER, ITS DIRECTORS, EMPLOYEES, CONTRACTORS, DISTRIBUTORS, DEALERS, OR AGENTS WILL CREATE ANY NEW WARRANTIES.
(i) Javelin and ForteWEB Product Specification. The Javelin and ForteWEB Software (“Specification Software”) has been designed to work only with the structural products that are specified in the results of the Specification Software (the “Designated Products”) and has not been designed for or tested with other products, whose characteristics, attributes, and qualities may change from time to time. Weyerhaeuser does not warrant the Specification Software or the results obtained using other products and is not responsible for losses and other damages caused thereby. You shall not use the Specification Software, or any results generated by the Specification Software, directly or indirectly in connection with the design or fabrication of structural components made with products other than the Designated Products.
(ii) Stellar Software. For Stellar Software, you acknowledge and assume responsibility for the output of the database that may be caching (data synchronizing) prior changes in the event that the software is configured to cache data from the database and this could result in out-of-date data.
(iii) Hardware and Software Requirements. Weyerhaeuser makes no warranty for compatibility of the Services with any particular end user or Licensee’s hardware system or the software present on the hardware system. A listing of the minimum hardware and software requirements for operating the Services may be provided by Weyerhaeuser upon request.
IN NO EVENT WILL THE LIABILITY OF WEYERHAEUSER OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND DISTRIBUTORS RELATING TO THE SERVICES, OR ANY RESULTS OBTAINED FROM THE SERVICES, EXCEED THE AMOUNT OF $50. THE ALLOCATION OF RISKS STATED IN THIS SECTION ARE REFLECTED IN THE TERMS HEREIN.
(i) Binding Arbitration. To the extent permitted by applicable law, except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 6 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Weyerhaeuser agree (a) to waive your and Weyerhaeuser’s respective rights to have any and all Disputes arising from or related to this EULA, or the Services, resolved in a court, and (b) to waive your and Weyerhaeuser’s respective rights to a jury trial. Instead, you and Weyerhaeuser agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
(ii) No Class Arbitrations, Class Actions or Representative Actions. You and Weyerhaeuser agree that any Dispute arising out of or related to this EULA or the Services is personal to you and Weyerhaeuser and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Weyerhaeuser agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Weyerhaeuser agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
(iii) Federal Arbitration Act. You and Weyerhaeuser agree that this EULA affects interstate commerce and that the enforceability of this Section 14 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
(iv) Notice; Informal Dispute Resolution. You and Weyerhaeuser agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Weyerhaeuser shall be sent by certified mail or courier to: Weyerhaeuser NR Company, Attn: Legal Department, with an address of 220 Occidental Avenue South, Seattle, Washington 98104. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Weyerhaeuser account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically to the email address you submitted with your Services Data and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Weyerhaeuser cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Weyerhaeuser may, as appropriate and in accordance with this Section 14, commence an arbitration proceeding or, to the extent specifically provided for in Section 14(i), file a claim in court.
(v) Process. EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 6 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND WEYERHAEUSER AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR WEYERHAEUSER WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND WEYERHAEUSER WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Weyerhaeuser agree that (a) any arbitration will occur either in (i) the State of Washington, King County, (ii) telephonically, or (iii) in the county where you reside, (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Washington, and the United States, respectively, sitting in the State of Washington, King County, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
(vi) Authority of Arbitrator. As limited by the FAA, this EULA and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by this EULA. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
(vii) Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by this EULA, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
(viii) Severability. If any term, clause or provision of this Section 14 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 14 will remain valid and enforceable. Further, the waivers set forth in Section 14(ii) are severable from the other provisions of this EULA and will remain valid and enforceable, except as prohibited by applicable law.
(ix) Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 14 by writing to: Weyerhaeuser NR Company, Attn: Legal Department, with an address of 220 Occidental Avenue South, Seattle, Washington 98104. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes on an individual basis in accordance with Section 15.
Canada – If you access or use the Services in Canada, unless expressly prohibited by local law, then this Agreement, the use of the Services, the relationship of the parties, and any Disputes arising out of, concerning, or relating to this EULA, including any Disputes between you and us, will be governed by and construed in accordance with the laws in force in the Province of Ontario, Canada. Any Dispute that is not subject to arbitration will be resolved exclusively in the courts located in the Province of Ontario, Canada.
(i) You acknowledge that the installation and use of the Services may be subject to a Software License Agreement. If there is a conflict between the Software License Agreement and this EULA, the terms of the Software License Agreement will control.
(ii) The provisions of this EULA are severable, and if any part of this EULA is held to be illegal or unenforceable, the validity or enforceability of the remainder of this EULA will not be affected.
(iii) Together with the terms of a Software License Agreement, if any, this EULA constitutes the entire agreement between you and Weyerhaeuser relating to your access to and use of the Services. We may assign our rights and obligations under this EULA. Under no circumstances may you assign your rights and obligations under this EULA without our prior written consent. The failure of Weyerhaeuser to exercise or enforce any right or provision of this EULA will not operate as a waiver of such right or provision. We will not be liable for any delay or failure to perform any obligation under this EULA where the delay or failure results from any cause beyond our reasonable control. Except as otherwise provided in herein, the agreement is intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
Javelin software contains RealDWG™ by Autodesk, Inc. Copyright © 2024 Autodesk, Inc. All rights reserved.